HomeMy WebLinkAboutResolution 8912I :iDE.�17 /ll]I Y [17►i►i1�:�3ia
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A SEPARATION AGREEMENT AND RELEASE OF
CLAIMS BETWEEN THE CITY OF MOUNDS VIEW AND KEITH W. DEMAREST
WHEREAS, Keith W. Demarest ("Employee") has been employed by the City of Mounds
View ("City") since April 26, 2004; and
WHEREAS, the City and the Employee have concluded that it is in the best interests of
both parties that the employment of the Employee by the City be discontinued; and
WHEREAS, Employee has offered to discontinue his employment with the City subject to
certain conditions; and
WHEREAS, the City has reviewed Employee's proposed conditions and incorporated
them into a written document attached hereto as Exhibit A entitled Separation Agreement and
Release of Claims between the City of Mounds View and Keith W. Demarest ("Separation
Agreement"); and
WHEREAS, the City Council has concluded that it is in the best interest of the City to
approve and execute Separation Agreement as proposed by Employee.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby accepts the
conditional resignation of Employee effective February 28, 2018, by approving the Separation
Agreement attached hereto as Exhibit A which incorporates the terms and conditions of
Employee's conditional resignation.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City Council directs City
staff to advise Employee of the decision to accept Employee's conditional resignation and approve
the Separation Agreement as set forth in Exhibit A.
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NOW THEREFORE, BE IF FINALLY RESOLVED THAT the Mayor, City staff and City
Attorney are hereby authorized and directed to take any and all additional steps and actions
necessary or convenient in order to accomplish the intent of this Resolution.
Adopted by the City Council of the City of Mounds View this 26`h day of February, 2018.
ATTEST:
(SErL)
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Carol A. Mueller, Mayor
Nyleikmun , City Administrator
SEPARATION AGREEMENT
AND RELEASE OF CLAIMS
BETWEEN
CITY OF MOUNDS VIEW, MINNESOTA
AND KEITH W. DEMAREST
THIS AGREEMENT, made and entered into this ____ day of February, 2018, by and
between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation ("City"), and
KEITH W. DEMAREST, an individual ("Employee").
RECITALS
WHEREAS, on or about April 26, 2004, the City and the Employee entered into an
employment relationship by which Employee was hired as a police officer with the Mounds View
Police Department; and
WHEREAS, the City and the Employee have determined that the employment of the
Employee with the City shall be discontinued in accordance with the terms and conditions
hereinafter set forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements as
set forth herein, the sufficiency of which is hereby acknowledged by the parties, the City and the
Employee agree as follows:
1. Resignation from Employment. Employee hereby resigns from his employment
with the City effective February 28, 2018 (“Discharge Date”). Employee and City each waive any
notice that may otherwise be required by such action.
2. Accumulated Benefits. Employee shall be given a lump sum payment reduced by
applicable federal and state taxes, employment taxes, and other customary withholdings, which
amount represents the Employee’s unused sick leave as of the Discharge Date that he has
accumulated and is entitled to receive pursuant to the terms of the Labor Agreement between the
City and LELS. The lump sum payment will be deposited in the Employee’s Retirement Health
Savings Plan within fourteen (14) days following the Discharge Date. The Employee will not be
entitled to any additional payment for accrued vacation leave, sick leave, compensatory time or
holiday pay related to his employment with the City.
3. Employee Benefits. Except as outlined herein, the City’s obligation to provide
insurance benefits to Employee shall cease on the last day of February 2018. Employee is entitled
to the continuation of certain benefits pursuant to the Consolidated Omnibus Reconciliation Act
(“COBRA”), 29 U.S.C. § 1161, et seq. and Minnesota law. In the event Employee elects to
continue his health and dental insurance benefits with the City pursuant to his rights under
COBRA, the City agrees to pay Employee a lump sum amount of $________ representing three
(3) months of health and dental insurance premiums under the Employee’s applicable insurance
policies with the City. This lump sum payment shall be made by the City after the Employee
elects to continue his health and dental insurance cover and also after the expiration of the
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rescission and revocation periods identified in Paragraph 12 herein.
4. Separation Payment. The City shall make a payment to Employee in the amount
of TWENTY THOUSAND THREE HUNDRED NINETY-NINE AND 61/100 DOLLARS
($20,399.61) representing three (3) months of compensation, to be reduced by applicable federal
and state taxes, employment taxes, and other customary withholdings, in settlement of all salary,
overtime compensation, compensatory time, claims in law and equity, as well as any
administrative claims that the Employee may have against the City or its officers, agents,
employees, or insurers. (“Separation Payment”). Subject to the express limitations identified in
Paragraph 11 herein, the Separation Payment represents a negotiated settlement of a good faith
dispute between the parties with respect to all salary, overtime compensation, compensatory
time, vacation time, sick time, benefits, claims in law and equity, as well as any administrative
claims that the Employee may have against the City or its officers, agents, employees, or
insurers.
The Separation Payment shall be made within fourteen (14) days after the expiration of
the rescission/revocation periods identified in Paragraph 12 herein, with a check made payable to
"Keith Demarest”, which will be reduced by all applicable federal and state taxes, employment
taxes, and other customary withholdings for the Employee.
5. Consideration. The parties acknowledge and agree that the terms described herein
constitute sufficient consideration for this “Separation Agreement and Release of Claims”.
6. Attorneys' Fees and Expenses. Each party will be responsible for the payment of
their own attorneys' fees and expenses in connection with this matter.
7. Records, Documents and Property. On or before the Discharge Date, Employee
shall return all City owned property and records, including but not limited to uniforms, equipment,
keys, cell phones and any other property provided to the Employee by the City.
8. Data Practices Requirements; Confidentiality. This "Separation Agreement and
Release of Claims" is public data. To the extent permitted by law, all other personnel data collected
relating to the Employee shall remain private data pursuant to the relevant provisions of the
Minnesota Data Practices Act.
9. Entire Agreement. The Separation Agreement and Release of Claims constitute the
entire agreement between the parties with respect to the discontinuation of Employee’s employment
relationship with the City, and the parties agree that there were no inducements or representations
leading to the execution of this Separation Agreement and Release of Claims except as contained
herein.
10. No Admission of Liability. It is specifically understood that by reason of agreeing to
this Agreement, the parties admit absolutely no liability, misconduct, wrongdoing, unethical or
unprofessional conduct of any sort, and it is further specifically understood that this Agreement
shall not be construed as an admission of liability, misconduct, wrongdoing, or unethical or
unprofessional conduct of any sort on the part of any party.
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11. Release. In consideration of the terms described in this Separation Agreement and
Release of Claims, Employee, for himself, his heirs, administrators, representatives, successors, and
assigns, releases and forever discharges the City and its attorneys, agents, representatives,
employees, former employees, insurers, heirs, executors and assigns of and from any and all past,
present or future claims, demands, obligations, actions or causes of action, at law or in equity,
whether arising by statute, common law or otherwise, and for all claims for damages, of whatever
kind or nature, and for all claims for attorneys' fees, costs and expenses, including but not limited to
all claims of any kind arising out of the Employee's employment, including but not limited to claims
for emotional distress, discrimination, constructive discharge, due process rights, the City’s
personnel policies, open meeting statutes, defamation of character and the Minnesota Government
Data Practices Act. In particular, Employee knowingly and voluntarily waives all possible rights
or claims arising under: the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A;
Equal Employment Opportunity Act; Americans with Disabilities Act of 1990, As Amended;
Age Discrimination in Employment Act; Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e –
e-17; Family and Medical Leave Act, 29 U.S.C. §§ 2601-54; Americans with Disabilities Act, 42
U.S.C. § 12101-117; the Rehabilitation Act of 1973, 29 U.S.C. § 701-96i; the Public
Employment Labor Relations Act, Minn. Stat. §§ 179A.01-.30; the Minnesota Occupational
Health and Safety Act, Minn. Stat. §§ 182.65-.676; the Minnesota Whistleblower Act, Minn.
Stat. §§ 181.931-.935; and the state and federal Fair Labor Standards Acts, 29 U.S.C. §§ 201-19,
Minn. Stat. §§ 177.21-.35. Employee acknowledges that he has had an opportunity to consult
with his attorney concerning the waiver and content of the rights available under these laws.
Pursuant to the Age Discrimination in Employment Act, the Employee was offered the
opportunity of 21 days to consider this Agreement and to seek the advice of his attorney or
financial advisor before signing it. Employee understands that if he signs this Agreement prior
to the expiration of the 21-day period, that act constitutes a waiver of his right to consider the
Agreement for 21 days. After the Employee signs the Agreement, the rescission/revocation
periods set forth in paragraph 12 will become effective.
Notwithstanding the foregoing, Employee is neither releasing nor relinquishing any of the
following:
a) any right to indemnification for claims resulting from his capacity as a police officer,
where the City is required to defend and indemnify the Employee pursuant to
Minnesota Statutes, § 471.44;
b) any outstanding claims for workers’ compensation benefits for which the Employee
can establish entitlement under Minnesota Statutes, § 176.001, et seq.; and
c) any outstanding claims for Employee’s benefits from PERA, including disability
benefits, if applicable.
12. Rescission/Revocation Period. This Agreement is subject to the following
rescission/revocation periods as provided by law:
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Act Revocation Period
Age Discrimination in Employment Act, 7 days
29 U.S.C. § 626(f) (1) (G)
Minnesota Human Rights Act, 15 days
Minn. Stat. § 363A.031, Subd. 2
Once the Agreement has been executed, the Employee understands that he has the right to rescind
and/or revoke the waivers and releases contained in this Agreement. To be effective, the rescission
or revocation must be in writing and delivered to the City either by hand or mail within the 7-day
period for the Age Discrimination in Employment Act, or within the 15-day period for the
Minnesota Human Rights Act. If delivered by mail, the rescission or revocation must be: (1)
postmarked within the applicable 7- or 15-day period; (2) properly addressed to the City; and (3)
sent by certified mail return receipt requested. The address of the City is:
City of Mounds View
Attention: Rayla Ewald, Human Resources Coordinator
2401 Mounds View Boulevard
Mounds View, MN 55112
13. Veterans’ Preference. Employee acknowledges that he is a veteran of the United
States armed forces and expressly waives any rights he possesses under Minnesota law with regard
to his separation of employment from the City.
14. Voluntary and Knowing Action. The parties acknowledge that they have had the
opportunity to consult with their own legal counsel, that they have thoroughly read and understand
the terms of this Agreement, and that they are voluntarily entering into this Agreement to resolve
this matter.
15. Reasons for Agreement. Pursuant to Minn. Stat. § 13.43, subd. 2(a)(6), the City
states that the reason it is entering into this Separation Agreement is to amicably separate the
employment relationship with Employee and to provide him with certain benefits in light of his
resignation from employment.
16. Governing Law. This Agreement will be construed, enforced and governed in
accordance with the laws of the State of Minnesota.
17. Severability. The parties agree that the provisions herein are reasonable and not
known to be in violation of any federal, state, or local law or regulation. In the event that a court
of competent jurisdiction finds any provision contained herein to be illegal or unenforceable,
such court may modify that provision to make it valid and enforceable. The declaration of a
provision as unenforceable shall not invalidate any other provision of this Agreement.
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IN WITNESS WHEREOF, the City and the Employee have approved and executed this
Separation Agreement and Release of Claims on the day and year first above written, after approval
thereof by the City Council for the City of Mounds View, Minnesota.
Dated: February ___, 2018 CITY OF MOUNDS VIEW
BY: ________________________________
Carol A. Mueller, Mayor
BY: ________________________________
Nyle Zikmund, City Administrator
Dated: February ___, 2018. EMPLOYEE
__________________________________
Keith W. Demarest
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